# EUR-Lex - 52012PC0467 - EN

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# 52012PC0467

**Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other /* COM/2012/0467 final - 2012/0228 (NLE) */**

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EXPLANATORY MEMORANDUM

On the basis of relevant Council mandate[1], the Commission on behalf of
the European Union negotiated with the Republic of Kiribati in view of renewing
the Protocol to the Fisheries Partnership Agreement between the European Union and
the Republic of Kiribati. Following these negotiations, a new Protocol was
initialled on 3 June 2012, which covers a period of three years starting from 16
September 2012.

This procedure concerning the signing on
behalf of the EU and provisional application of the new Protocol is launched in
parallel with the procedures regarding the Council Decision, with the consent
of the European Parliament, on the conclusion of the new Protocol, and the
Council Regulation concerning the allocation of the fishing opportunities among
the Member States under the said Protocol.

The Commission's negotiating position was
based i.a. on the results of an ex-post evaluation study of the previous
Protocol that was carried out by external experts in May 2012.

The new Protocol is in line with the
objectives of the Fisheries Partnership Agreement aiming at strengthening the
cooperation between the European Union and the Republic of Kiribati and
promoting a partnership framework in which to develop a sustainable
fisheries policy and responsible exploitation of fishery resources in the
Kiribati ́s EEZ in the interests of both Parties.

The two Parties have agreed to cooperate
with a view to implementing Kiribati ́s sectoral fisheries policy and to that
end shall continue the policy dialogue on the relevant programming.

The new Protocol provides for a total
financial contribution of EUR 1.325.000 per year for the whole period. This
amount corresponds to: a) EUR 975.000 per year for the access to the Kiribati ́s
EEZ, and b) EUR 350.000 per year, corresponding to the additional envelop paid
by the EU to support of Kiribati ́s fisheries policy.

The Commission proposes, on this basis,
that the Council adopts this Decision.

2012/0228 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European
Union, and the provisional application of the Protocol setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community, on the one hand, and the
Republic of Kiribati, on the other

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43, paragraph 2, in
conjunction with Article 218 (5) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 23
July 2007 the Council adopted Regulation (EC) No 893/2007[2] concerning the conclusion of the Fisheries Partnership Agreement between
the European Community, on the one hand, and the Republic of Kiribati, on the
other.

(2)       The current Protocol
setting out the fishing opportunitities and financial contribution provided for
in the said Partnership Agreement will expire on 15 September 2012.

(3)       The European Union has
negotiated with the Republic of Kiribati a new Protocol to the Fisheries
Partnership Agreement setting out the fishing opportunities and financial
contribution.

(4)       On the conclusion of those
negotiations, the new Protocol was initialled on the 3 June 2012.

(5)       In order to allow Union vessels
to carry on fishing activities, Article 15 of the Protocol provides for it to
be applied on a provisional basis from 16 September 2012.

(6)       Therefore, the Protocol
should be signed on behalf of the European Union, subject to its conclusion at
a later date, and applied on a provisional basis,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol setting out the
fishing opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community, on the one hand, and the Republic
of Kiribati, on the other (hereinafher referred to as "the
Protocol"), is hereby authorised on behalf of the Union, subject to its
conclusion.

The text of the Protocol to be signed is
attached to this Decision.

Article 2

The Council Secretariat General shall
establish the instrument of full powers to sign the Protocol, subject to its
conclusion, for the person(s) indicated by the negotiator of the Protocol.

Article 3

The Protocol shall be applied provisionally
as from 16 September 2012, pending its entry into force, in accordance with
Article 15 thereof.

Article 4

This Decision shall enter into force on the
day following that of its publication in the Official Journal of he European
Union.

Done at Brussels,

For
the Council

The
President

Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European
Community[3],
on the one hand, and the Republic of Kiribati, on the
other

Article 1
Period of Application and
Fishing Opportunities

1.           Kiribati shall grant
annual fishing authorisations[4]
to the European Union tuna fishing vessels pursuant to Article 6 of the
Fisheries Partnership Agreement (hereinafter the Agreement) within the limits
established by the Western and Central Pacific Fisheries Commission (WCPFC)
conservation and management measures (CMM) and in particular CMM 2008-01.

2.           For a period of three years starting on 16
September 2012 the fishing opportunities granted under
Article 5 of the Agreement shall be for 15 000 tonnes of highly migratory
species as listed in Annex 1 to the 1982 United Nations Convention on the Law
of the Sea, within the Kiribati EEZ, for 4 (four) purse
seine vessels and 6 (six) long-line vessels.

3.           Starting from the second
year of application of this Protocol and without prejudice to Articles 9(d) of
the Agreement and 5 of this Protocol, at the request of the EU, the number of
fishing authorisations for purse seine vessels granted in Article 1(2) of this
Protocol may be increased, if resources permit and in accordance with the WCPFC
conservation and management measures.

4.           Paragraphs 1, 2 and 3
shall apply subject to Articles 5 and 6 of this Protocol.

Article 2
Financial Contribution - Methods of Payment

1.           The EU shall pay the sum
of the amounts referred to in paragraph 2 of this Article, each year during the
period of the application of this Protocol.

2.           The financial contribution
under Article 7 of the Agreement for the period specified under Article 1(2) of
this Protocol shall comprise:

(a)
an annual amount for the access to Kiribati EEZ
of EUR 975 000 equivalent to a reference tonnage of 15 000 tonnes per
year;

(b)
 a specific amount of EUR 350 000 for the
support and implementation of initiatives taken in the
context of the Kiribati sectoral fisheries policy.

3.           Paragraph 1 of this
Article shall apply subject to Articles 4, 5, 6 and 8 of this Protocol and to Articles 14 and 15 of the
Agreement.

4.           Both parties will secure
to closely follow up the EU catches in the Kiribati EEZ. If the total quantity
of catches per year by European Union vessels in the Kiribati EEZ exceeds 15
000 tonnes, the annual financial contribution, as referred in Paragraph 2(a) of
this Article, shall be increased by EUR 250 per tonne for the first additional
2 500 tonnes and by EUR 300 per tonne for any further tonne above these
additional 2 500 tonnes. These additional costs shall be borne by the EU with
the amount of EUR 65 per additional tonne and the remaining part shall be paid
by shipowners.

5.           Payment as specified in
Article 2 Paragraph 2(a) and 2(b) shall be made no later than 30 June after the
entry into force of this Protocol for the first year and no later than 30 June
for the following years.

6.           The Kiribati authorities
shall have full discretion regarding the use to which the financial
contribution as specified in Article 2 Paragraph 2(a) of this Protocol is put.

7.           The share of the financial
contribution indicated in Article 2(b) of this Protocol shall be paid into the
Kiribati Government Account No 4 with the ANZ Bank of Kiribati, Ltd, Betio,
Tarawa ("Fisheries Development Fund") opened for the Kiribati
Government by the Ministry of Finance. The remaining share of the financial
contribution shall be paid into the Kiribati Government account No 1 with the
ANZ Bank of Kiribati, Ltd, Betio, Tarawa opened for the Kiribati Government by
the Ministry of Finance.

Article 3
Promotion of Responsible Fishing in Kiribati EEZ

1.           The financial contribution
as indicated in Article 2 Paragraph 2(b) shall be managed by the Kiribati
authorities in the light of objectives identified by mutual agreement between
the two parties.

2.           As soon as this Protocol
enters into force and no later than three months after that date, the Kiribati authorities shall provide a detailed annual
and multiannual programme to the Joint Committee. The Joint Committee shall
agree on this programme, which addresses the following requirements:

(a)
annual and multiannual guidelines for using the
financial contribution referred to in Article 2 Paragraph 2(b) for the
initiatives to be carried out each year;

(b)
the objectives, both annual and multiannual, to
be achieved with a view to promoting, over time, of responsible fishing and
sustainable fisheries, taking account of the priorities expressed by Kiribati in its national fisheries policy
and other policies relating to or having an impact on the enhancement of
responsible fishing and sustainable fisheries;

(c)
criteria and procedures for evaluating the
results obtained each year.

3.           Any proposed amendments to
the multiannual sectoral programme must be approved by both parties within the
Joint Committee. Urgent changes to the multiannual sectoral programme required
by the Kiribati authorities in relation to the promotion of the responsible
fishing may be done outside of the Joint Committee through communication with
the EU.

4.           Each year, Kiribati shall allocate, if appropriate, an
additional amount to the financial contribution referred to Article 2 Paragraph
2(b) with a view to implementing the multiannual programme. This allocation
must be notified to the European Union. Kiribati shall notify the EU of
the new allocation no later 1 March of each year.

5.           Where the annual
evaluation of the progress made in implementing the multiannual sectoral
programme so warrants, the European Union may ask through the Joint Committee
for the financial contribution referred to in Article 2 Paragraph 2(b) of this
Protocol, to be readjusted with a view to bring the actual amount of financial
resources allocated to the implementation of the programme into line with its
results.

6.           The Joint Committee is
responsible for the follow up of the implementation of the multi-annual
sectoral support programme. If necessary, both parties shall continue this
follow up through the Joint Committee, after the expiry of this Protocol until
the specific financial counterpart related to sectoral support foreseen in
Article 2 Paragraph 2(b) has been fully utilised.

7.           However, the payment of
the financial contribution foreseen in Article 2 Paragraph 2(b) cannot be paid
after a period of ten months following the expiry of this Protocol.

Article 4
Scientific Cooperation for Responsible Fishing

1.           Both
Parties hereby
undertake to promote responsible fishing in the Kiribati waters based on the principles set out in the FAO’s Code of Conduct and of
non-discrimination between the different fleets fishing in those waters.

2.           During the period covered
by this Protocol, the European Union and Kiribati shall ensure the sustainable
use of the fishery resources in the Kiribati EEZ.

3.           The parties undertake to
promote cooperation at sub-regional level on responsible fishing and, in
particular, within the WCPFC and IATTC and any other sub-regional or
international organisation concerned.

4.           In accordance with Article
4 of the Agreement, Article 4 Paragraph 1 of this Protocol and in light of
the best available scientific advice, the Parties shall within the Joint
Committee adopt, where appropriate, measures in respect of the activities of
European Union vessels licensed and authorized to undertake fishing activities
by this Protocol to ensure sustainable management of the fishery resources in
the Kiribati EEZ.

Article 5
Adjustment of Fishing Opportunities by Mutual Agreement

1.           The fishing opportunities
referred to in Article 1 of this Protocol may be adjusted by mutual agreement
insofar as the recommendations of WCPFC corroborate that such an adjustment
will secure the sustainable management of Kiribati resources. In this case the
financial contribution referred to in Article 2 Paragraph 2(a) of this Protocol
shall be adjusted proportionately and pro rata temporis.

2.           If the fishing
opportunities will be reduced due to the new closure of a substantial part of
the Kiribati EEZ, the financial contribution of this Protocol may be adjusted
proportionately and pro rata temporis after the consultation between the
both parties within the Joint Committee.

Article 6
New Fishing Opportunities

1.           Where an interest is
expressed by the EU in having access to new fishing opportunities which are not
indicated in Article 1 of this Protocol, this interest should be addressed
to Kiribati. The granting of such request for access to new fishing
opportunities maybe made available, and may be the subject of another
agreement.

2.           At
the request of one of the parties, they shall consult each other and determine
on a case-by-case basis
the relevant species, conditions and other parameters for conducting
exploratory fishing in Kiribati waters.

3.           The Parties shall carry
out exploratory fishing activities in accordance with Kiribati Laws and
Regulations and by mutual agreement. The authorisations for exploratory fishing
may be granted, for a maximum period of three (3) months.

4.           Where the Parties conclude
that the exploratory surveys have produced positive results and new commercial
species have been identified, while preserving ecosystems and conserving living
marine resources, new fishing opportunities for that species may be offered to
European Union vessels following consultation between the two Parties.

Article 7
Conditions Governing Fishing Activities — Exclusivity Clause

1.           European Union vessels may
fish in Kiribati EEZ only if they are in possession of a valid fishing
authorisation issued by Kiribati Authorities under this Protocol.

2.           For fishing categories not
covered by this Protocol, and for exploratory fishing, the Kiribati authorities
may grant fishing authorisations to European Union vessels. However, the
granting of these authorisations is subject to Kiribati Laws and Regulations and
mutual agreement.

Article 8
Suspension and Review of the Payment of the Financial Contribution

1.           The financial contribution
referred to in Article 2 Paragraphs 2(a) and 2(b) of this Protocol may be
reviewed or suspended in the event of unusual circumstances, other than natural
phenomena, prevent fishing activities in the Kiribati EEZ following
consultation between the two Parties within a period of two months following
the request of one of the Parties, and provided that the EU has paid in full
any amount due at the time of suspension.

2.           The European Union may
suspend, totally or partially, the payment of the specific contribution
provided for in Article 2 Paragraph 2(b) of this Protocol where the Joint
Committee agrees that:

(a)
the results obtained are found to be
inconsistent with the programming following the evaluation carried out within
the Joint Committee; or

(b)
Kiribati fails to execute this specific
contribution.

3.           Suspension of the payment
shall require the EU to notify its intention in writing at least two months
before the date on which the suspension is due to take effect.

4.           Payment of the financial
contribution shall recommence once the situation has been remedied following
actions to mitigate the above mentioned circumstances and following consultation
and agreement of the two Parties confirming that the situation is likely to
allow a return to normal fishing activities.

Article 9
Suspension and Reinstatement of Fishing Authorisation

1.           Kiribati reserves the
right to suspend fishing authorisations provided for in Article 1 Paragraph 2
of this Protocol where:

(a)
a specific vessel is in a serious violation as
defined by Kiribati Laws and Regulations; or

(b)
a court order issued in relation to a violation
of a specific vessel has not been respected by the shipowner. Once the court
order has been respected, the fishing authorisation for the vessel shall be
reinstated for the remaining period of the fishing authorisation.

Article 10
Suspension of the Application of the Protocol

1.           In the event where consultations
is exhausted without reaching an amicable settlement the application of this
Protocol may be suspended at the initiative of either one of the Parties if:

(a)
the European Union fails to make the payments
provided for in Article 2, Paragraph 2 of this Protocol for reasons not covered
by Article 8 of this Protocol; or

(b)
a dispute between the Parties over the
interpretation of this Protocol or its application arises; or

(c)
either one of the Parties breaches the
provisions laid out by this Protocol; or

(d)
either one of the Parties ascertains a breach of
essential and fundamental elements on human rights as laid out by Article 9 of
the Cotonou Agreement.

2.           Application of this
Protocol may be suspended at the initiative of one Party if the dispute between
the Parties is deemed to be serious and if the consultations held between the
two Parties have not resulted in an amicable settlement.

3.           Suspension of application
of this Protocol shall require the Party concerned to notify its intention in
writing at least two months before the date on which suspension is due to take
effect.

4.           In the event of suspension
of application, the Parties shall continue to consult with a view to
finding an amicable settlement to their dispute. Where such settlement is
reached, application of this Protocol shall resume and the amount of the
financial contribution shall be reduced proportionately and pro rata
temporis according to the period during which application of this Protocol
was suspended.

Article 11
National Laws and Regulations

1.           The activities of European
Union fishing vessels when operating in Kiribati EEZ
under this Protocol shall be governed by the applicable
Laws and Regulations in Kiribati, unless otherwise provided for in the Agreement, this Protocol and
the Annex and Appendices hereto.

2.           Any changes or new
legislation which is related for fisheries shall apply to the EU from the 60th
day following the day when the notification is received by the EU from
Kiribati.

Article 12
Review clause

1.           After two years of
application of this Protocol, the shipowner's contribution shall be reviewed
and any changes will be subject to agreement by both parties. The third year of
the application of this Protocol will be regarded as a transition period
before the future introduction of the new management and conservation measure
on fisheries initiated by Kiribati authorities.

Article 13
Duration

1.           This Protocol and its
Annex hereto shall apply for a period of three years from 16 September 2012,
unless notice of termination is given in accordance with Article 14 of
this Protocol.

Article 14
Termination

1.           This Protocol may be
terminated by either party in the event of unusual circumstances such as the
degradation of the stocks concerned, the discovery of a reduced level of
exploitation of the fishing opportunities granted to the European Union
vessels, or failure to comply with undertakings made by the parties with regard
to combating illegal, unreported and unregulated fishing.

2.           In the event of
termination of this Protocol, the Party concerned shall notify the other Party
in writing of its intention to terminate it at least six months before the date
on which such termination would take effect. Dispatch of the notification
referred to in the previous paragraph shall open consultations by the Parties.

3.           Payment of the financial
contribution referred to in Article 2 of this Protocol for the year in which
the termination takes effect shall be reduced proportionately and pro rata
temporis.

Article 15
Provisional Application

This Protocol
shall be applied provisionally from 16 September 2012.

Article 16
Entry into Force

This Protocol with its Annexes shall
enter into force on the date on which the Parties notify each other of the
completion of the procedures necessary for that purpose.

ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE
KIRIBATI FISHING ZONE
Fishing Activities by European Union Vessels in Kiribati

Chapter I
management of fishing authorisations (Licences)

Section 1
Registration

1.           Fishing
by EU vessels within the Kiribati EEZ shall be subject to the issuance of
a registration number by the Kiribati competent authorities.

2.           Applications for
registration shall be made on the form provided for that purpose by the
Kiribati authorities responsible for fisheries, in accordance with the specimen
given in Appendix I.

3.           Registration shall be
contingent upon the receipt of a 15 cm by 20 cm photograph of the applying
vessel and the payment of EUR 2 300 per vessel per year as registration fee to
be paid into the Kiribati Government account No 1 in accordance with the
Article 2(7) of the Protocol, cleared of any deductions.

Section 2
Fishing Authorisations

1.           Only eligible vessels may
obtain fishing authorisation in the Exclusive Economic Zone (EEZ) of Kiribati.

2.           For a vessel to be
eligible, the owner and the master must have fulfilled all prior obligations
arising from their fishing activities in Kiribati under the Agreement. The
vessel itself must be in good standing on the FFA Regional Register of Fishing
vessels and WCPFC Record of Fishing Vessels.

All European Union vessels applying for a
fishing authorisation must be represented by an agent resident in Kiribati. The name, address and contact
numbers of that agent shall be stated in the fishing authorisation application.

The European Commission shall present to the Ministry responsible for fisheries in Kiribati with copy to the Delegation of the European Union responsible for
Kiribati (hereinafter “the Delegation”) an application for each vessel wishing
to fish under this Protocol.

Applications shall be submitted to the Ministry responsible for fisheries in Kiribati on a form drawn up in accordance with the specimen in Appendix II.

3.           Kiribati Authorities shall
take all the necessary steps to ensure that the data received as part of the
fishing authorisation application are treated as confidential. This data shall
be used exclusively in the context of the application of this Protocol.

4.           All fishing authorisation
applications shall be accompanied by the following documents:

(a)
payment or proof of payment of the fee for the
period of validity of the fishing authorisation;

(b)
a copy of the tonnage certificate, certified by
the Flag Member State, giving the tonnage of the vessel expressed in GRT or GT;

(c)
any other documents or certificates required
under the specific rules applicable to the type of vessel concerned pursuant to
this Protocol.

(d)
a certificate of good standing on the FFA
Regional Register of Vessels and the WCPFC Record of Fishing Vessels;

(e)
a copy of the Certificate of Insurance in
English valid for the duration of the fishing authorisation;

(f)
an observer contribution fee of EUR 2 300 per
vessel per year.

5.           All the fees, except the
observer contribution fee, shall be paid into the Kiribati Government account No 1 in accordance with
Article 2(7) of the Protocol, clear of any deductions.

The fees shall include all national and local
charges except for port taxes, service charges and transhipment fees.

Fishing authorisations for all vessels shall be
issued both electronically and in paper form to ship-owners with an electronic
copy to the European Commission and to the Delegation within 15 working days of
receipt of all the documents referred to in point 4 by the Ministry responsible
for fisheries in Kiribati. The electronic copy will be replaced by the paper
form once received.

6.           Fishing authorisations
shall be issued for specific individual vessels and shall not be transferable.

7.           At the request of the
European Union and where force majeure is proven, a vessel's fishing
authorisation shall be replaced by a new fishing authorisation for another
vessel whose features are similar to those of the first vessel for the
remaining period of the duration of the fishing authorisation, with no further
fee due. The total catch by both vessels concerned will be taken into account
when the level of catches by European Union vessels is taken into consideration
to determine if any additional payments are to be made by the European Union
according to Article 2 Paragraph 4 of the Protocol.

The owner of the first vessel shall return the
fishing authorisation to be cancelled to the competent Kiribati authorities via
the Delegation.

The new fishing authorisation shall take effect
on the day the Ministry responsible for fisheries in Kiribati issues the
fishing authorisation and is valid for the remaining period for the duration of
the first fishing authorisation. The Delegation shall be informed of the new
fishing authorisation.

8.           The fishing authorisation
must be kept on board the vessel at all times, prominently displayed in its
wheelhouse, without prejudice to Chapter V Section 3 Paragraph 1 of this
Annex. For a reasonable period of time after issuance of the fishing
authorisation, not to exceed 45 days, and pending receipt by the vessel of the
original fishing authorisation, a document received electronically, or other
documentation approved by Kiribati authorities, is a valid document and shall
constitute sufficient evidence for purpose of surveillance, monitoring and
enforcement of the Agreement. The document received electronically will still
have to be replaced by the paper form once received.

9.           The two Parties shall seek
agreement for the purposes of promoting the introduction of a fishing
authorisation system based exclusively on the electronic exchange of all the
information and documents described above. The two Parties shall seek agreement
for the purposes of promoting the rapid replacement of the paper fishing
authorisation by an electronic equivalent such as the list of vessels authorised
to fish in Kiribati EEZ, as specified in Paragraph 1 of this section.

Section 3
Fishing Authorisation Conditions – Fees and Advance Payments

1.           Fishing authorisations
shall be valid for one year. They may be renewed on an annual basis. Renewal of
fishing authorisations shall be subject to number of available fishing
opportunities established by the Protocol.

2.           The fishing authorisation
fee shall be EUR 35 per tonne caught within the Kiribati EEZ.

3.           Fishing authorisations
shall be issued once the following standard amounts have been paid by
shipowners to the Kiribati Government account No 1 in accordance with Article 2(7) of the Protocol:

(a)
EUR 131 250 per tuna seiner vessel; and

(b)
EUR 15 000 per surface long-liner;

4.           To the amount indicated in
paragraph 3 of this section it should be added a special contribution for
fishing authorisation to be paid by shipowners to the Kiribati
Government account No 1 in accordance
with Article 2(7) of the Protocol in the amount of EUR 300 000 per tuna seiner vessel,

5.           The
final statement of the fees due for the fishing year shall be drawn up by the
European Commission by 30 June
each year for the amounts caught during the calendar year before and on the
basis of the catch declarations made by each ship-owner. The data should be
confirmed by the scientific institutes responsible for verifying catch data of
the European Union (Institut de Recherche pour le Development (IRD), the
Instituto Español de Oceanografía (IEO) or the Instituto Portugues de
Investigaçao Maritima (IPIMAR).

6.           The fee statement drawn up
by the European Commission shall be transmitted to the Ministry
responsible for fisheries in
Kiribati for verification and approval.

The Kiribati authorities may question the fee
statement within 30 days from the invoice of the statement and, in case of
disagreement, request a special meeting of the Joint Committee, as foreseen
under Article 9, paragraph 2 of the Agreement.

If no objections are raised within 30 days, the
fee statement will be considered accepted by Kiribati Authorities.

7.           The final fee statement
shall be notified, without delay, to the Ministry
responsible for fisheries in
Kiribati, the Delegation, and the ship-owners.

Any additional payments shall be made by the
ship-owners to the competent Kiribati authorities within forty-five (45) days
from notification of the confirmed final statement into the Kiribati Government
account No 1 in accordance with Article 2(7) of the Protocol, cleared of any
deductions.

8.           However, if the amount of
the final statement is lower than the advance referred to in Paragraph 3 of
this Section, the resulting balance shall not be reimbursable to the
ship-owner.

9.           If the fishing
opportunities will be reduced due to the new closure of a substantial part of
the Kiribati EEZ, the shipowner's fee may be adjusted proportionately and pro
rata temporis after the consultation between the both parties within the
Joint Committee.

CHAPTER II
FISHING ZONES AND ACTIVITY

Section 1
Fishing Zones

1.           The vessels referred to in
Article 1 of the Protocol shall be authorised to engage in fishing activities within the
Kiribati EEZ except in such areas which are designated as protected or
prohibited areas indicated by the chart 83005-FLC and in accordance with the
laws and regulations of Kiribati.

2.           Kiribati shall communicate to the European Commission any modification to
the said protected or prohibited areas as soon as it is adopted.

3.           In any case, all fishing
shall not be permitted within the 12 nautical miles from the base line and
within 1 nautical mile radius of any anchored fish-aggregating device (FAD), for
which notification of its location shall be given by geographical coordinates
by any other citizen or entity. As regards purse seine
vessels in particular, fishing is prohibited within 60 nautical miles from the
baselines of the islands of Tarawa, Kanton and Kiritimati and from any submerged reef as depicted in the charts in Paragraph
1 above.

Section 2
Fishing Activities

1.           Only fishing for species
defined in Article 1 of the Protocol shall be permitted by purse seine and
longline vessels. Any incidental by-catch of a species of fish other than those
defined in Article 1 of the Protocol shall be reported to Kiribati authorities
in accordance with Chapter III of this Annex.

2.           Fishing activities of the
European Union vessels shall be done in accordance with the requirements of
WCPFC conservation and management measures.

3.           No bottom fishing or coral
fishing is permitted within the Kiribati EEZ.

4.           European Union vessels
shall conduct all fishing activities in a manner which will not disrupt
traditional, local-based fisheries, and shall release all turtles, marine
mammals, seabirds and reef fish in a manner which will provide this
miscellaneous catch with the greatest chance of survival.

5.           European Union vessels,
its master and operator shall conduct all fishing activities in a manner, which
will not disrupt the fishing operations of other fishing vessels and shall not
interfere with the fishing gear of other fishing vessels.

Chapter III
Monitoring

Section 1
Catch Recording Arrangements

1.           Masters of vessels shall
record in their fishing logsheet the information listed in Appendix IIIA and
IIIB. Electronic submission of catch data/logsheet data should apply to vessels
over 24 meters from 1 January 2010 and gradually to vessels over 12 meters as
of 2012. The Parties endeavour to seek agreement for the purposes of promoting
the introduction of catch data on systems based exclusively on the electronic
exchange of all the information described above. The two Parties shall seek
agreement for the purposes of promoting the rapid replacement of the paper
logsheet formats by electronic formats.

2.           If no sets were made by a
vessel for a particular day, or if a set is made and no fish are caught, the vessel
master shall be required to record this information on the daily logsheet form.
On days when no fishing operations are conducted, before midnight local time of
that day, the vessel must record on the logsheet the fact that no operations
were conducted.

3.           Time and date of entries
in and departures from Kiribati EEZ shall be recorded in the logsheet
immediately after entry in and departure from Kiribati EEZ.

4.           For incidental by-catch of
species other than those defined in Article 1 of the Protocol, the European
Union vessels shall record the species of fish taken and the size and quantity
of each species by weight or number, as specified in the logsheet whether the
catch is kept on board of the vessel or was returned to the sea.

5.           The logsheets shall be
filled in legibly on a daily basis and signed by the master of the vessel no
later than 23:59H of each day.

Section 2
Catch Reporting Arrangements

1.           For the purposes of this
Annex, the duration of a fishing trip by the European Union vessel shall be defined
as follows:

(a)
either the period elapsing between entering and
exiting the Kiribati EEZ;

(b)
or the period elapsing between entering Kiribati
EEZ and a transhipment;

(c)
or the period elapsing between entering the
Kiribati EEZ and a landing in a Kiribati designated port.

2.           All European Union vessels
authorised to fish in the Kiribati EEZ under the Agreement shall report their
catches to the Ministry responsible for fisheries in
Kiribati in the logsheet by the following manner:

(a)
All signed logsheets shall be sent through
Fisheries Monitoring Centre of Flag Member States to the Fisheries Monitoring
Centre of Kiribati and to the European Commission by electronic or other means,
within 5 days after each landing or transhipment operation,

(b)
The Master of the vessel shall send weekly catch
report with information listed in Appendix IV Part 3 to the Ministry
responsible for fisheries in Kiribati and to the European Commission by
electronic or other means. Weekly positions and catch reports shall be kept on
board until the end of landing or transhipment operations.

3.           Entering and leaving the
zone:

(a)
European Union vessels shall notify the Ministry responsible for fisheries in Kiribati at least 24 hours in advance of their intention to enter and
immediately upon departure from the Kiribati EEZ. As soon as the vessels enter
the Kiribati EEZ, they shall inform the Ministry
responsible for fisheries in Kiribati by fax or e-mail
in accordance with the specimen provided in Appendix IV or by radio.

(b)
When notifying departure, vessels shall also
communicate their position and the volume and species in catches kept on board
in accordance with the specimen provided in Appendix IV. These communications
shall be made by fax, e-mail or radio.

4.           Vessels found to be
fishing without having informed the Ministry
responsible for fisheries in Kiribati shall be regarded
as vessels without a fishing authorisation.

5.           Vessels shall also be
informed of the fax and telephone numbers and e-mail address of Kiribati
authorities with delivery of the fishing authorisation.

6.           Each European Union vessel
shall make the logsheets and Catch Reports immediately available for inspection
by enforcement officers and other individuals and entities clearly identified
by an approved identity card confirming the inspector as authorized by Kiribati
authorities to carry out boarding and inspection procedures.

Section 3
Vessel Monitoring System (VMS)

1.           Each European Union vessel
shall be required to comply with the FFA Vessel Monitoring System (FFA VMS)
currently applicable in the Kiribati EEZ when operating in the Kiribati EEZ.
Each European Union vessel shall have installed on board, maintained, and fully
operational at all times a mobile transmission unit (MTU) approved by FFA.

2.           The vessel and the
operator agree not to tamper with, remove or have removed any MTU from the
vessel after installation, except for the purposes of maintenance and repair as
required. The operator and each vessel shall be responsible for the purchase,
maintenance and operational costs of the MTU, and shall cooperate fully with
Kiribati authorities in its utilization (see details in Appendix V).

3.           Paragraph 1 above does not
preclude the Parties from considering alternative VMS options compatible with
the WCPFC VMS.

4.           All data transmitted to
the Kiribati FMC can only be used for control purposes in Kiribati EEZ. The VMS
data cannot be forwarded, sold, offered or transmitted in any form to a third
entities for control or any other purpose outside Kiribati EEZ.

5.           The previous paragraph
does not apply in the context of WCPFC obligations regarding MCS activities on
the high seas of the WCPFC Convention Area.

Section 4
Landing

1.           European Union vessels
wishing to land catches in the ports of Kiribati shall do so within Kiribati
designated ports. A list of these designated ports is provided as Appendix VI.

2.           The owners of such vessels
must notify the following information to the Ministry responsible for fisheries
in Kiribati and to the FMC Flag Member State at least 48 hours in advance in
accordance to the specimen provided in Appendix IV Part 4. If landings occur in
a port outside EEZ of Kiribati, notification shall be made on the same
conditions previously referred, to the port State where landing will take place
and the FMC of Flag Member State.

3.           Captains of European Union
fishing vessels engaged in landing operations in a Kiribati port shall
allow and facilitate the inspection of such operations by Kiribati authorised
officers. Once the inspection has been completed, a certificate shall be issued
to the Captain of the vessel.

Section 5
Transhipment

1.           European Union vessels
wishing to tranship catches in the waters of Kiribati shall do so within
Kiribati designated ports. A list of these designated ports is provided as
Appendix VI.

2.           The owners of such vessels
must notify the following information to the Ministry responsible for fisheries
in Kiribati at least 48 hours in advance.

3.           Transhipment shall be
considered as an end of a trip. Vessels must therefore submit their catch
declarations to the Ministry responsible for fisheries in Kiribati and state
whether they intend to continue fishing or leave the Kiribati EEZ.

4.           European Union vessels
fishing in the Kiribati EEZ shall not tranship their catch at sea under any
circumstances.

5.           Any transhipment of
catches not covered above shall be prohibited in the Kiribati EEZ. Any person
infringing this provision shall be liable to the penalties under the Kiribati
Laws and Regulations.

6.           Captains of European Union
fishing vessels engaged in transhipment operations in a Kiribati port
shall allow and facilitate the inspection of such operations by Kiribati
authorised officers. Once the inspection has been completed, a certificate
shall be issued to the Captain of the vessel.

Chapter IV
Observers

1.           At the time of lodging a
fishing authorisation application, each European Union vessel concerned shall
contribute an observer placement fee as specified in Chapter I Section 2
Paragraph 4(f) into the Kiribati Government Account No 4.

2.           European Union vessels
authorised to fish in the Kiribati EEZ under the Agreement shall take on board
observers on the terms set out below:

A. For purse seine vessels:

European Union purse seine vessels shall carry
at all times an observer from either Kiribati Fisheries Observer Program
authorised under the WCPFC Regional Observer Program (WCPFC ROP), or an
observer authorised by the WCPFC Regional Observer Program (WCPFC ROP) or an
IATTC observer authorised through the Memorandum of Understanding agreed
between the WCPFC and the IATTC on the cross-endorsement of approved observers
while operating in the Kiribati EEZ. The ship-owners concerned, or their
agents, shall inform, as soon as possible, the Ministry responsible for
fisheries in Kiribati of the name of the observer and under which programme he
is authorised.

B. For longline vessels:

(a)
The Ministry responsible for fisheries in Kiribati shall determine each year the scope of
the programme for observation on board on the basis of the number of vessels
authorised to fish in Kiribati EEZ, and the state of the resources targeted by
those vessels. The Ministry shall determine accordingly the number or
percentage of vessels which shall be required to take an observer on board.
This shall be based on the WCPFC ROP programme and the observer coverage shall
respect that provided for in this program in the Kiribati EEZ.

(b)
The Ministry responsible for fisheries in
Kiribati shall draw up a list of vessels designated to take an observer on
board and a list of authorised observers as defined in subparagraph 2 A. These
lists shall be kept up to date. They shall be forwarded to the European
Commission as soon as they have been drawn up and every three months thereafter
where they have been updated.

(c)
The ship-owner concerned, or his agent, shall
take the necessary steps to respect the requirements set out by Kiribati in
accordance with (a) and (b) above and shall inform the Ministry responsible for
fisheries in Kiribati no later than fifteen (15) days before the observer’s planned embarkation date, of
his intentions to take on board an authorised observer whose
name shall be notified as soon as possible thereafter.

(d)
The time spent on board by observers shall be
fixed by the Ministry responsible for fisheries in Kiribati but, as a general
rule, it should not exceed the time required to carry out their duties. The
Ministry responsible for fisheries in Kiribati shall inform the ship-owners or
their agents thereof when notifying them of the name of the observer appointed
to be taken on board of the vessel concerned.

3.           Subject to the provisions
of this Chapter, Paragraph 2A, the ship-owners concerned shall make known at
which Kiribati ports and on what dates they intend to take observers on board
10 days prior to the date intended to take on the observer at the commencement
of a trip.

4.           Where observers are taken
on board in a foreign port, their travel costs shall be borne by the
ship-owner. Should a vessel with an observer from Kiribati on board leave the
Kiribati EEZ, all measures must be taken to ensure the observer's return to
Kiribati as soon as possible at the expense of the ship-owner.

5.           If the observer is not
present at the time and place agreed and during the six (6) hours following the
time agreed, ship-owners shall be automatically absolved of their obligation to
take the observer on board.

6.           Observers shall be treated
as officers. They shall carry out the following tasks:

(a)
observe the fishing activities of the vessels;

(b)
verify the position of vessels engaged in
fishing operations;

(c)
perform biological sampling in the context of
scientific programmes;

(d)
note the fishing gear used;

(e)
verify the catch data for Kiribati EEZ recorded
in the logsheet;

(f)
verify the percentages of by-catches and
estimate the quantity of discards of species of marketable fin-fish, crustaceans,
cephalopods and marine mammals;

(g)
report fishing data once a week by radio or
other means, including the quantity of catches and by-catches on board.

7.           Captains and masters shall
permit authorized observers to board the authorized vessels operating within
the Kiribati EEZ and shall do everything in their power to ensure the physical
safety and welfare of observers during performance of their duties:

(a)
The captain or master shall allow and assist
such authorized observer to board the vessel for scientific, monitoring, and
other functions;

(b)
The captain or master shall assist the observer
to have full access and to use facilities and equipment on board the vessel,
which the authorized observer may determine necessary to carry out the
observer's duties;

(c)
Observers shall have access to the bridge, fish
on board and areas, which may be used to hold, process, weigh and store fish;

(d)
Observers may remove a reasonable number of
samples and shall have full access to the vessel's records, including its logs,
catch reports, and documentation for the purpose of inspection and copying; and

(e)
Observers shall be allowed to gather any other
information relating to fisheries in the Kiribati EEZ.

8.           While on board, observers
shall:

(a)
take all appropriate steps to ensure that their
presence on the vessel does not interfere in the normal operation of the
vessel; and

(b)
respect the material and equipment on board and
the confidentiality of all documents belonging to the said vessel.

9.           While on board, observers
have the right to:

(a)
Full access to and use of all facilities and
equipment, respecting all rules of procedure and operation of the equipment of
the vessel which the observer may determine as necessary to carry out his or
her duties, including full access to the bridge, fish on board, and areas which
may be used to hold, process, weight, and store fish;

(b)
Freedom to carry out their duties without being
assaulted, obstructed, resisted, delayed, intimidated or interfered with in the
performance of their duties;

10.         Observer Reporting:

(a)
At the end of the observation period regardless
if the fishing trip has ended or not according to the definition provided in
the Paragraph 1 of Section 2 of Chapter III of this Annex, once the observer is
disembarked and debriefed by the Observer Provider, a Final Report describing
all fishing activity, including non-compliance issues, shall be drawn up and
forwarded by the provider to the vessel owner and/or its representatives with
copies to the Delegation in order to enable the master of the concern fishing vessel
to make any comments.

(b)
Notwithstanding the provisions in part 10 a)
above, once the Observer is disembarked, a Preliminary Report with a summary of
the fishing activity including any non-compliance issues, shall be made
available to the master of the fishing vessel or to the vessel owner or its
representatives for comments, by the Observer Provider;

(c)
The observer provider shall ensure the
submission of the Final Observer Report to the European Commission, the
competent authority of the flag state and the ship-owner or its
representatives. This submission shall not be in any case more than 30 working
days after the disembarkation of the observer.

11.         Ship-owners shall bear the
cost of accommodating observers in the same conditions as the officers on the
vessel.

12.         The salary and social
contributions of the observer shall be borne by Kiribati Authorities when the
vessel is operating in the Kiribati EEZ.

Chapter V
Control and Enforcement

Section 1
Vessel Identification

1.           For fisheries and marine
safety purposes, every vessel shall be marked and identified in accordance with
the Food and Agricultural Organisation (FAO) approved standard specification
for the marking and identification of fishing vessels.

2.           The letter(s) of the port
or district in which the vessel is registered and the number(s) under which it
is registered shall be painted or displayed on both sides of the bow, as high
above the water as possible so as to be clearly visible from the sea and the
air, in a colour contrasting with the background on which they are painted. The
name of the vessel and her registration port shall be painted also on the bow
and stern of the vessel.

3.           Kiribati and the European
Union may require if necessary, that the international radio call sign (IRCS),
the number of International Maritime Organisation (IMO), or the external
registration letters and numbers, be painted on top of the wheelhouse, so as to
be clearly visible from the air, in a colour contrasting with the ground on
which it is painted;

(a)
The contrasting colours shall be white and
black; and

(b)
The external registration letters and numbers
painted or displayed on the hull of the vessel shall not be removable, effaced,
altered, illegible, covered or concealed.

4.           Any vessel not displaying
its name and radio call sign or signal letters in the prescribed manner may be
escorted to a Kiribati port for further investigation.

5.           A vessel operator shall
ensure the continuous monitoring of the international distress and calling
frequency (2182) kHz (HF), and/or the international safety and calling
frequency (156.8) MHz (Channel 16, VHF-FM) to facilitate communication with the
fisheries management, surveillance and enforcement of Kiribati Authorities.

6.           A vessel operator shall
ensure that a recent and up to date copy of the International code of Signals
(INTERCO) is on board and accessible at all times.

Section 2
Communication with Patrol Vessels of Kiribati

1.           Communication between the
permitted vessels and the patrol vessels of the Government shall be made by
international signal codes as follows:

International Signal Code – Meaning:

L ................................Stop immediately

SQ3 ............................Stop or slow down, I wish to
board your vessel

QN .............................Lay your vessel along the star
board side of our vessel

QN1 ...........................Lay your vessel along the port
side of our vessel

TD2 ............................Are you a fishing vessel?

C ...............................Yes

N ...............................No

QR ..............................We cannot lay our vessel
alongside your vessel

QP ..............................We will lay our vessel alongside
your vessel

2.           Kiribati shall provide to
the European Commission a list of all Patrol Vessels to be used for fisheries
control purposes. This list shall include all the details related with those
vessels, namely: Name, Flag, Type, photo, identification external marks, IRCS
and communication capability.

3.           Patrol Vessel shall be
clearly marked and identifiable as being on government use/service.

Section 3
Vessel List

The European Commission shall keep an
up-to-date list of the vessels to which a fishing authorisation has been issued
under the Protocol. This list shall be notified to the Kiribati authorities
responsible for fisheries inspection as soon as it is drawn up and each time it
is updated.

Section 4
Applicable Laws and Regulations

The vessel and its operators shall strictly
comply with this Annex and laws and regulations of Kiribati. They should also
comply with international treaties, conventions, and fisheries management
agreements to which both the Kiribati and the European Union are a party.
Failure to comply strictly with this Annex and with the laws and regulations of
the Kiribati may result in substantial fines and other civil and criminal
penalties.

Section 5
Control Procedures

1.           Captains or masters of
European Union vessels engaged in fishing activities in the Kiribati EEZ shall
allow and facilitate boarding and the discharge of their duties by any Kiribati
authorized officer responsible for the inspection and control of fishing
activities at any time within the Kiribati EEZ.

2.           In order to facilitate
safer inspection procedures, boarding should be conducted with prior notice
sent to the vessel, including the identity of the inspection platform and the
name of the inspector.

3.           Authorised officers shall
have full access to the vessel's records, including its logsheets, Catch
Reports, documentation and any electronic device used for recording or storing
data, and the captain or master of the vessel shall permit such authorized
officers to make notation on any permit issued by Kiribati Authorities or other
documentation required under the Agreement.

4.           The captain or master
shall immediately comply with all reasonable instructions given by the
authorized officers, and shall facilitate safe boarding, and facilitate the
inspection of the vessel, gear, equipment, records, fish and fish products.

5.           The vessel’s captain,
master or crew shall not assault, obstruct, resist, delay, refuse boarding,
intimidate, or interfere with an authorized officer in the performance of
duties.

6.           These officers shall not
remain on board for longer than is necessary for the discharge of their duties.

7.           Where the provisions set
out in this Chapter are not complied with, Kiribati reserves the right to
suspend the fishing authorisation of the offending vessel until formalities
have been completed and to apply the penalty laid down in applicable Kiribati
laws and regulations. The European Commission shall be informed thereof.

8.           Once the inspection has
been completed, a certificate shall be issued to the master of the vessel.

9.           Kiribati shall ensure that
all staff involved directly in the inspection of fishing vessels covered by
this agreement will have the necessary skills to conduct a fisheries
inspection and are familiar with the fisheries concerned. During the inspection
on board the fishing vessels covered by this agreement, the fisheries
authorised officers of Kiribati shall ensure that the crew, vessel and her
cargo are treated with full respect for international provisions foreseen on
the WCPFC Boarding and Inspection Procedures.

Section 6
Arrest Procedure

1.           Arrest of fishing vessels

(a)
The Ministry responsible for fisheries in
Kiribati shall inform the Delegation, within 24 hours, of all arrests and
penalties imposed on European Union vessels in the Kiribati EEZ.

(b)
The Delegation shall at the same time receive a
brief report of the circumstances and reasons leading to the arrest.

Chapter VI
Environmental Responsibility

1.           European Union vessels
recognize the need to preserve the fragile (marine) environmental conditions of
the lagoons and atolls of Kiribati and the European Union vessels shall not
discharge any substance that is likely to cause damage to, or deterioration in,
the quality of marine resources. The European Union shall comply with
provisions of the Kiribati Environment Act.

2.           Where bunkering, or any
other transfer of any product included in the United Nations International
Maritime Dangerous Goods (IMDG) code takes place during a fishing trip in the
Kiribati EEZ, European Union vessels shall report such activity to Kiribati
authorities.

Chapter VII
CREWING

1.           Each European Union vessel
fishing under the Agreement shall undertake to employ at least three Kiribati
seamen as a crew-member. Shipowners shall endeavour to take on board additional
Kiribati seamen.

2.           The ship-owners shall pay
EUR 600 per month per crew as a waiver fee if unable to employ Kiribati crew on
board its licensed vessels as defined in Paragraph 1 above. The payment shall
be made by shipowners annually to the Kiribati Government account No 4.

3.           Ship-owners shall be free
to select the seamen they take on board their vessels from the names on a list
submitted by the Ministry responsible for fisheries in Kiribati.

4.           The ship-owner or agent
shall inform the Ministry responsible for fisheries in Kiribati of the names of
Kiribati seamen taken on board the vessel concerned, mentioning their position
in the crew.

5.           The International Labour
Organisation (ILO) Declaration on Fundamental Principles and Rights at Work
shall apply as of right to seamen signed on by European Union vessels. This
concerns in particular the freedom of association and the effective recognition
of the right to collective bargaining, and the elimination of discrimination in
respect of employment and occupation.

6.           Kiribati seamen's
employment contracts, a copy of which shall be given to the signatories, shall
be drawn up between the ship-owners' agent(s) and the seamen and/or their trade
unions or representatives in consultation with the Ministry responsible for
fisheries in Kiribati. These contracts shall guarantee the seamen the social
security cover applicable to them, including life insurance and sickness and
accident insurance.

7.           Kiribati seamen's wages
shall be paid by the ship-owners. They shall be fixed, before fishing
authorisations are issued, by mutual agreement between the ship-owners or their
agents and the Ministry responsible for fisheries in Kiribati. However, the
wage conditions granted to Kiribati seamen shall not be lower than those
applied to Kiribati crews and shall under no circumstances be below ILO
standards.

8.           All seamen employed aboard
European Union vessels shall report to the master of the vessel designated on
the day before their proposed embarkation date. Where a seaman fails to
report at the date and time agreed for embarkation, ship-owners shall be
automatically absolved of their obligation to take the seaman on board.

Chapter VIII
Operator Liability

1.           The operator shall ensure
that its vessels are seaworthy and contain adequate life safety equipment and
survival gear for each passenger and member of the crew.

2.           For the protection of
Kiribati and the citizens and residents thereof, the operator shall maintain
adequate and complete insurance coverage on its vessel through an
internationally recognized insurance carrier acceptable to Kiribati Authorities
for Kiribati EEZ, including areas within the lagoons and atolls, the
Territorial Sea and submerged reefs as evidenced by the Certificate of
Insurance referred to in Chapter I Section 2 Paragraph 4(e) of this Annex.

3.           In the event a European
Union vessel is involved in a maritime accident or incident in Kiribati,
resulting in polluting and damages of any kind to the environment, to property
or to any person, the vessel and the operator shall immediately notify Kiribati
Authorities. Shall the European Union vessel be responsible for above mentioned
damages, the vessel and operator are liable to pay for the costs of the
aforementioned damages.

Appendices

I.
Republic of Kiribati register of Fishing vessel Application form

II. Application form for a fishing authorisation

III A.
SPC/FFA Regional Purse-Seine Logsheet

III B.
SPC/FFA Regional Longline
Logsheet

IV.
Reporting details

V.
VMS Protocol

VI.
List of Designated Ports

VII.
Geographical Coordinates of Kiribati Fishing Zone

VIII.
Details of Kiribati FMC

APPENDIX I.

Republic of Kiribati Register of
Fishing Vessel Application Form

Fisheries Licence &
Enforcement Unit,

PO. Box 64, Bairiki,

Republic of
Kiribati

Tel:(686) 21099

Fax: (686) 21120

E-mail:flue@mfmrd.gov.ki

INSTRUCTIONS:

·
Underline surname.

·
Address means complete
mailing address.

·
Clearly mark X where
appropriate; if not typed, print clearly.

·
All units Metric;
specify units if other systems used.

·
Affix a recent 6 X 8
inch colour side photo of the vessel to this application.

·
Affix a recent passport
size colour portrait photo of the Fishing Master (Fish Captain)

The Director of
Fisheries,

I hereby apply for
registration of a vessel on the National Fisheries Register.

Name of vessel_______________________________ Apply
Date_____ /___ /___

(dd/mm/yy)

If this vessel was
registered before, specify:

Old vessel name________________________________ Old
call sign________________________

Old registration
number________________________________________

Vessel Owner:                                                                                  Vessel
Operator:

Name_________________________________________ Name______________________________

Address_______________________________________ Address____________________________

________________________________________                          __________________________

________________________________________                          __________________________

Tel.___________________________________________ Tel.________________________________

Fax.__________________________________________ Fax________________________________

Country of
Registration______________________________________________________________

Country of
Registration Number________________________________________________________

International
Radio Call sign___________________________________________________________

Onboard Telephone
No___________________________ Onboard Telex No_____________________

Home Port___________________________________ Country_______________________________

Operational
Base(s):

Port 1_________________________________________ Country1____________________________

Port 2_________________________________________ Country
2___________________________

Vessel Master:                                                                                 Fishing
Master (Fish Captain):

Name______________________________________ Name_

Date of Birth________ /_____ /____ Date
of Birth               /__ /_____________

(dd/mm/yy)                                                                                      (dd/mm/yy)

Social Security
No._______________________________ Social Security No.____________________

Nationality_____________________________________ Nationality__________________________

Residence Address_______________________________ Residence
Address____________________

________________________________________                    _____________________________

Vessel Type:

Single
Purse                                          �             Seiner
Longliner                                  �

Group
Purse Seiner                              �             Pole and Liner                                      �

Purse
Seine Carrier                              �             Longline Reefer                                   �

Support
Craft                                        �             Bunker                                                  �

If
other, specify_______________________________________________

Usual Number of
Crew____________

State(s) of
Authorised Area of Operation __________________________________

Hull Material :                Steel             �         Wood           �       FRP           �      Aluminium             �

If other,
specify_______________________________________________________

Year Built______________________________________ Place
Built__________________________

Gross Tonnage__________________________________ Overall
Length_______________________

Main Engine(s) Power (specify
units)________________________________________

Maximum Fuel
Carrying Capacity ______________________________ Kilolitres/Gallons

Daily Freezing
Capacity (more than one, if appropriate):

Method                                                                                                   Capacity                                   Temperature

Metric
tons/day                      (C)

Brine (NaCl)                                           Br                                            ____________    ___________

Brine (CaCl)                                           CB                                           ____________    ___________

Air (Blast)                                              BF                                           ____________    ___________

Air (Coils)                                              RC                                           ____________    ___________

If other, specify:                            ________                                      ____________                   ___________

Storage Capacity
(more than one, if appropriate):

Method                                                                                                   Capacity                                   Temperature

Cubic
Meters                                       (C)

Ice                                                             IC                                     _____________                       ____________

Refrigerated Sea
Water                         RW                                  _____________                       ____________

Brine (NaCl)                                            BR                                    _____________                       ____________

Brine (CaCl)                                             CB                                    _____________                       ____________

Air (Coils)                                                RC                                    _____________                       ____________

Complete either A,
B, or C below as appropriate.

A. For Purse
Seine Vessels:

Helicopter Reg.
No._______________________________ Helicopter Model_______________________

Net Length
(metres)______________________________ Net Depth (metres)______________________

Power Block Net
Pull______________________________________ Kilos

Purse Winch Bare
Drum Line Pull____________________________ Metres per minute

Doppler Current
Meter Present?                         Y    /     N                (please
circle your response)

Bird Radar
Present?                                               Y    /     N                (please
circle your response)

Number of Wells:

Stern________________                                         Storage
Capacity _________St/Mt

Bow________________                                           Storage
Capacity __________St/Mt

Support Craft:

Skiff
Length_______________                Metre/Feet Power of Engine _________HP/PS

Speed
Boat 1 Length ________                Metre/Feet Power of Engine _________HP/PS

Speed
Boat 2 Length_________              Metre/Feet Power of Engine _________HP/PS

Speed
Boat 3 Length ________                Metre/Feet Power of Engine _________HP/PS

B. For Longline Vessels:

Maximum Number of
Baskets _________________                                  Main Line Length in
Km

Maximum Number of
Hooks __________________

Main Line Material
__________________________

Line Shooter
Present?                                           Y    /     N                (please
circle your response)

C. For Support Craft:

Activities (more
than one, if appropriate)

Light
Boat                �                               Scouting Boat                �

Anchor Boat            �                               Aircraft                           �

If other, specify__________________________________________________________________

Fishing Vessel(s)
Supported________________________________________________________

______________________________________________________________________________

I declare that the above information is true and complete. I
understand, I am required to report within 30 days any changes to the above
information, including the change in Vessel Master and Fish Captain during the
period of registration. I further understand that failure to do so may affect
good standing of my vessel on the Fishing Vessel Register.

Applicant:

Name______________________________ Signature______________________________________

OWNER       �         CHARTER               �         AUTHORISED AGENT______ �

Address

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Tel. No________________________ Fax.
No.____________________ E-mail.___________________

APPENDIX II.

APPLICATION FORM FOR A FISHING AUTHORISATION

1.                New application or
renewal :

2................ Name of vessel and flag :................................................................................................................................
............................................................................................................................................................................

3................ Period of validity : from.................................................................. to............................................................

4................ Name of shipowner:.........................................................................................................................................
............................................................................................................................................................................

5................ Address of shipowner:...................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................

6................ Name and address of
charterer (if different from 4 and 5):........................................................................
............................................................................................................................................................................

7................ Name and address of
official representative in Kiribati:............................................................................
............................................................................................................................................................................

8................ Name of the captain of
the vessel.................................................................................................................

9................ Type of vessel :................................................................................................................................................

10.............. Registration number : :....................................................................................................................................

11.............. Vessel’s external
identification : :..................................................................................................................

12.............. Port and country of
registration :..................................................................................................................

13.............. Overall length and breadth
of vessel :..........................................................................................................

14.............. Gross and net tonnage :..................................................................................................................................

15.............. Make and power of main
engine :.................................................................................................................

16.............. Freezer capacity (t/d) :.....................................................................................................................................

17.............. Hold capacity (m3) :.........................................................................................................................................

18.............. Radio call sign and
frequency :.....................................................................................................................

19.............. Other communications
equipment (telex, fax) :............................................................................................

20.............. Fishing applicants :.........................................................................................................................................
............................................................................................................................................................................

21.............. Number of crew broken down
by nationality :............................................................................................
............................................................................................................................................................................

22.............. Number of fishing
authorisation (in the case of a renewal, attach authorisation) :...............................
............................................................................................................................................................................

I, the
undersigned,................................................, certify that the
above information is correct and undertake to comply therewith.

...........................................................................

...........................................................................

(Stamp and signature of ship-owner)                                                                                                       (Date)

SPC/FFA REGIONAL
PURSE-SEINE LOGSHEET      APPENDIX III A

PAGE_____________OF
_____________

NAME OF VESSEL || FISHING PERMIT OR LICENCE NUMBER(S) || YEAR

NAME OF FISHING COMPANY || FFA REGIONAL REGISTER NUMBER || NAME OF AGENT IN PORT OF UNLOADING || PORT OF DEPARTURE || PORT OF UNLOADING

COUNTRY OF REGISTRATION || FFA TYPE APPROVED ALC (Y/N)? || NUMBER OF FADS USED || TENDER VESSELS USED ?(Y/N) || DATE AND TIME OF DEPARTURE || DATE AND TIME OF ARRIVAL IN PORT

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION || INTERNATIONAL RADIO CALL SIGN || ALL DATES AND TIMES MUST BE UTC/GMT ALL WEIGHTS MUST BE METRIC TONNES || AMOUNT OF FISH ONBOARD AT START OF TRIP || AMOUNT OF FISH ONBOARD AFTER UNLOADING

MONTH || DAY || ACTIVITY CODE || 01.00 UTC OR SET POSITION || SCHOOL ASSOC CODE || SET START TIME || RETAINED CATCH || DISCARDS

LATITUDE DDMM.MMM || N S || LONGITUDE DDMM.MMM || E W || SKIPJACK WEIGHT || YELLOWFIN WEIGHT || BIGEYE WEIGHT || OTHER SPECIES || WELL NUMBERS || TUNA SPECIES || OTHER SPECIES

NAME || WEIGHT || NAME || WEIGHT || CODE || NAME || NUMBER || WEIGHT

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || ||

|| || PAGE TOTAL TRIP TOTAL || || || || || || || || || || || ||

ACTIVITY CODES RECORD ALL SETS IF NO FISHING SET MADE IN A DAY RECORD THE MAIN ACTIVITY FOR THAT DAY 1 FISHING SET 2 SEARCHING 3 TRANSIT 4 NO FISHING – BREAKDOWN 5 NO FISHING – BAD WEATHER 6 IN PORT – SPECIFY 7 NET CLEANING SET 10 DEPLOYING OR RETRIEVING RAFT,       FAD OR PAYAO || SCHOOL ASSOCIATION CODES 1 UNASSOCIATED 2 FEEDING ON BAITFISH 3 DRIFTING LOG, DEBRIS OR       DEAD ANIMAL 4 DRIFTING RAFT, FAD OR PAYAO 5 ANCHORED RAFT, FAD OR PAYAO 6 LIVE WHALE 7 LIVE WHALE SHARK 8 OTHER TUNA DISCARD CODES 1 FISH TOO SMALL 2 FISH DAMAGED 3 VESSEL FULLY LOADED 4 OTHER REASON || || || || || || || || || || || ||

|| || || || || || || || || || || || ||

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL

START DATE || END DATE || CANNERY OR VESSEL AND DESTINATION || INTERNATIONAL RADIO CALL SIGN || SKIPJACK || YELLOWFIN || BIGEYE || MIXED

|| || || || || || ||

|| || || || || || ||

|| || || || || || ||

NAME OF CAPTAIN || SIGNATURE OF CAPTAIN || DATE

APPENDIX III
B

SPC/FFA REGIONAL LONGLINE LOGSHEET

PAGE_____________OF
_____________

NAME OF VESSEL || FISHING PERMIT OR LICENCE NUMBER(S) || YEAR

NAME OF FISHING COMPANY || FFA REGIONAL REGISTER NUMBER || NAME OF AGENT IN PORT OF UNLOADING || PORT OF DEPARTURE || DATE AND TIME OF DEPARTURE

COUNTRY OF REGISTRATION || FFA TYPE APPROVED ALC (Y/N)? || ALL DATES AND TIMES MUST BE UTC/GMT ALL WEIGHTS MUST BE KILOGRAMS || PORT OF UNLOADING || DATE AND TIME OF ARRIVAL IN PORT

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION || INTERNATIONAL RADIO CALL SIGN || PRIMARY TARGET SPECIES || NUMBER OF HOOKS BETWEEN FLOATS

MONTH || DAY || ACTIVITY CODE || 01.00 UTC OR SET POSITION || SET START TIME || NUMBER OF HOOKS || ALBACORE || BIGEYE || YELLOWFIN || SHARK || STRIPED MARLIN || BLUE MARLIN || SWORDFISH || OTHER SPECIES

LATITUDE DDMM. || N S || LONGITUDE DDMM. || E W || No RET || KG RET || No DISC || No RET || KG RET || No DISC || No RET || KG RET || No DISC || No RET || No DISC || No RET || KGRET || No RET || KG RET || No RET || KG RET || NAME || No RET || KG RET

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || PAGE TOTAL TRIP TOTAL || || || || || || || || || || || || || || || || || || || ||

ACTIVITY CODES 1 A SET 2 A DAY AT SEA BUT NOT FISHED OR TRANSIT 3 TRANSIT 4 IN PORT - PLEASE SPECIFY || || || || || || || || || || || || || || || || || || || ||

|| NAME OF CAPTAIN || SIGNATURE OF CAPTAIN || DATE

APPENDIX IV

REPORTING DETAILS

REPORTS TO THE DIRECTOR OF FISHERIES

Tel: (686) 21099Fax: (686) 21120 E-mail :
flue@mfmrd.gov.ki

1              Reporting
of Entry to the Zone

24 hours prior to
entering the fishery limits:

(a)           Report
code (ZENT);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of entry (DD-MM-YY);

(e)           Time
of entry (GMT);

(f)            Position
of entry;

(g)           Total
Catch on board by weight by species:

SKIPJACK            (SJ)___.__(Mt)

YELLOWFIN        (YF)___.__(Mt)

OTHERS                (OT)___.__(Mt)

e.g.
ZENT/89TKS-PS001TN/JJAP2/11.10.89/0635Z/0230N;17610E/SK-510:YF-120:OT-10

2.             Reporting
of Departure from the Zone

Immediately upon
leaving the fishery limits:

(a)           Report
code (ZDEP);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of departure;

(e)           Time
of departure (GMT);

(f)            Position
of departure;

(g)           Catch
on board by weight by species:

-               SKIPJACK            (SJ)___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(h)           Total
catch in Zone by weight by species (like Catch on Board)

(i)            Total
fishing days (the actual number of days in which a set was made in the Zone)

e.g.          ZDEP/89TKS-PS001TN/JJAP2/21.10.89/1045Z/0125S;16730E/SJ-450:YF-190:OT-4/SJ-42:BE-70:OT-1/14

3.             Weekly
position and catch reporting while within the Zone

Every Tuesday
while within the fishery limits after the entry report or the last weekly
report:

(a)           Report
code (WPCR);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of WPCR (DD:MM:YY);

(e)           Reporting
position;

(f)            Catch
since the last report:

-               SKIPJACK            (SJ)___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(g)           Fishing
days since the last report.

e.g.          WPCR/89TKS-PS001TN/JJAP2/11.12.89/0140N;16710W/SJ-23:YF-9:OT-2.0/7

4.             Port
entry, including entry for transhipment, re-provisioning, discharging crew or
emergency

At least 48 hours
before the vessel enters port:

(a)           Report
code (PENT);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of reporting (DD:MM:YY);

(e)           Reporting
position;

(f)            Port
name;

(g)           Estimated
time of arrival (LST) DDMM:hhmm;

(h)           Catch
on board by weight by species:

-               SKIPJACK            (SJ)___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(i)            Reason
for visiting port

e.g.PENT/89TKS-PS001TN/JJAP2/24.12.89/0130S;17010E/BETIO

/26.12:1600L/SJ-562:YF-150:OT-4/TRANSSHIPPING

5              Port
departure

Immediately after
leaving port:

(a)           Report
code (PDEP);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of reporting (GMT) DD-MM-YY;

(e)           Port
name;

(f)            Date
and time of Departure (LST) DD-MM:hhmm

(g)           Catch
on board by weight by species:

-               SKIPJACK            (SJ)___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(h)           Next
destination.

e.g.          PDEP/89TKS-PS001TN/JJAP2/30.12.89/BETIO/29.12:1600L/SJ-0.0:YF-0.0:OT-

4/FISHING GROUND

6.             Entry
into or Departure from a Closed (Prohibited) or protected Area

At least 12 hours
before entering and immediately after leaving the closed (prohibited) or
protected area:

(a)           Report
type (ENCA for entry and DECA for exit);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of ENCA or DECA;

(e)           Time
of ENCA or DECA (GMT) DD-MM-YY:hhmm;

(f)            Position
of ENCA or DECA (to one minute of arc);

(g)           Speed
and course

(h)           Reason
for ENCA

e.g.          ENCA/89TKS-PS001TN/JJAP2/30.12.89:1645Z/0130S;17010E

/7:320/ENTER PORT

7.             Refuelling
Notice

At least 24 hours
before refuelling from a licensed tanker:

(a)           Report
type (FUEL);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Date
of reporting (GMT);

(e)           Position
of reporting (to one minute of arc)

(f)            Amount
of fuel on board (Kilolitres);

(g)           Estimated
date of bunkering;

(h)           Estimated
position of bunkering;

(i)            name
of tanker.

e.g.          FUEL/89TKS-PS001TN/JJAP2/06.02.90/0130S;17010E/35/08.02.90

/0131S;17030E/CHEMSION

8.             Bunkering
Activity Report

Immediately after
refuelling from a licensed tanker.

(a)           Report
type (BUNK);

(b)           Registration
or Licence number;

(c)           Call
sign or signal letters;

(d)           Starting
date and time of bunkering (GMT) DD-MM-YY:hhmm;

(e)           Starting
position of bunkering;

(f)            Amount
of fuel received in kilolitres;

(g)           Ending
time of bunkering (GMT);

(h)           Ending
position of bunkering

(i)            Name
of tanker.

e.g.          BUNK/89TKS-S001TN/JJAP2/08.02.90:1200Z/0131S;17030E/160/08.02.90:

1800Z/0131S;17035E/CRANE
PHOENIX

9              Transhipment
Activity Report

Immediately after
transhipping at an authorised port in Kiribati to a licensed carrier vessel.

(a)           Report
type (TSHP);

(b)           Registration
or Licence number;

(c)           Call
sign or letters;

(d)           Date
of discharge (DD-MM-YY);

(e)           Port
of discharge;

(f)            Transhipped
catch by weight by species;

-               SKIPJACK            SJ)
___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(g)           Name
of reefer carrier;

(h)           Destination
of catch.

e.g.          TSHP/89TKS-PS001TN/JJAP2/11.12.89/BETIO/SJ-450:YF-150:OT-0.0/JAPAN

STAR/PAGO PAGO

10.          Completion
Report

Within 48 hours
after completing a trip by discharging catch at other fishing ports (outside
Kiribati) including operational port, or home port.

(a)           Report
type (COMP);

(b)           Vessel
name;

(c)           Licence
number;

(d)           Call
sign signal letters;

(e)           Date
of discharge (DD-MM-YY);

(f)            Discharged
catch by species

-               SKIPJACK            (SJ)___.__(Mt)

-               YELLOWFIN        (YF)___.__(Mt)

-               OTHERS                (OT)___.__(Mt)

(g)           Name
of port.

e.g.          COMP/89TKS-PS001TN/JJAP2/26.12.89/SJ-670:YF-65:OT-0.0/BETIO

APPENDIX V

VMS
Protocol

Provisions
applicable to satellite monitoring of European Union fishing vessels operating
in the Kiribati EEZ

1.           All fishing vessels with
an overall length exceeding 15 metres operating under this Agreement shall be
tracked by satellite when fishing in the Kiribati EEZ.

For the purposes of the satellite tracking, the
Kiribati authorities shall communicate to the European Union the latitude and
longitude coordinates of the Kiribati EEZ.

The Kiribati authorities shall transmit this
information in electronic form, expressed in decimal degrees (DD.DDD) in the
geodesic system WGS 84.

2.           The parties shall exchange
information on addresses and the specifications for electronic data
transmission between their Fisheries Monitoring Centres (FMC) in accordance
with Paragraphs 5 to 7 of this Appendix. Such information shall include the
following where they exist: names, telephone, telex and fax numbers, and e-mail
addresses, which may be used for general communications between FMCs.

3.           The position of vessels
shall be determined with a margin of error of less than 500 metres and a
confidence interval of 99%.

4.           When a vessel which is
fishing under the Agreement and is subject of satellite tracking pursuant to
European Union legislation enters the Kiribati EEZ, the subsequent position
reports (date, time, vessel identification, longitude, latitude, course and
speed) shall be transmitted immediately by the FMC to the Kiribati Fisheries
Monitoring Centre (FMC) at intervals of no more than three hours.

The first POS report from a vessel detected to
be inside the Kiribati EEZ shall be identified as ENTRY (ENT). These messages
will have the format established in Table 1.

The subsequent POS reports from a vessel while
inside Kiribati EEZ shall be identified as POSITION (POS). These messages will
have the format established in Table 2.

The first POS report from a vessel detected to
be outside the Kiribati Fishing Zone shall be identified as EXIT (EXI). These
messages will have the format established in Table 3.

5.           The messages specified at
part 4 of this Appendix shall be transmitted electronically in the format
established therein, without any further protocol. They shall be communicated
in near-real time with the contents set out in Tables 1, 2 and 3.

6.           Where the Mobile Tracking
Unit (MTU) installed on board a fishing vessel develops a technical fault or
breaks down, the master of the vessel shall transmit the information specified
at part 4 of this Appendix manually or by other means to the FMC of the flag State and the Kiribati FMC in good time. It
will be necessary in those circumstances to send a global position report every
eight hours. This global position report shall include the position reports as
recorded by the master of the vessel on a three-hourly basis in accordance
with the requirements laid down in part 4 of this Appendix.

The faulty equipment shall be repaired or
replaced within a period of not more than one month. After this deadline, the
vessel in question must leave the Kiribati EEZ.

7.           The FMC of the flag States
shall monitor the movements of their vessels in Kiribati EEZ. If the vessels
are not being monitored in accordance with the conditions laid down, the
Kiribati FMC shall be informed immediately when this is discovered and the
procedure laid down at part 6 of this Appendix shall be applicable.

8.           If the Kiribati FMC
establishes that the flag State is not transmitting the information specified
in part 4 of this Appendix, the European Commission shall be informed
immediately.

9.           The monitoring data
communicated to the other party in accordance with these provisions is intended
solely for the purposes of the Kiribati authorities in controlling and
monitoring the European Union fleet fishing under this Agreement. Such data may
not under any circumstances be communicated to other parties.

10.         The MTU software and
hardware components shall be reliable and shall not permit the input or output
of false positions or be capable of being manually overridden.

The system shall be fully automatic and
operational at all times regardless of environmental and weather conditions.
Destroying, damaging, rendering inoperative or tampering with the MTU shall be
prohibited.

Masters shall ensure that:

–
data transmitted by the MTU are not altered in
any way;

–
the antenna or antennas connected to the MTU
equipment are not obstructed or tampered in any way;

–
the power supply of the MTU equipment is not
interrupted in any way; and

–
the MTU equipment is not moved or removed from
the vessel.

11.         Any dispute over the
interpretation or application of these provisions shall be the subject of
consultation between the parties within the Joint Committee provided for in
Article 9 of the Agreement.

12.         The parties agree to review
these provisions, when required.

COMMUNICATION OF VMS MESSAGES TO
KIRIBATI

POSITION
REPORT

Table 1. ″ENTRY″
message

Data Element: || Field Code: || Mandatory / Optional || Remarks:

Start Record || SR || M || System detail; indicates start of record

Address || AD || M || Message detail; destination Party Alfa-3 ISO country code

From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code

Record Number || RN || O || Message detail; serial number of the record in the relevant year

Record Date || RD || O || Message detail; date of transmission

Record Time || RT || O || Message detail; time of transmission

Type of Message || TM || M || Message detail; message type, “ENT”

Vessel Name || NA || O || Name of the vessel

External Registration Number || XR || O || Vessel detail; the side number of the vessel

Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel

Master name || MA || M || Name of the master of the vessel

Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

Latitude || LT || M || Position detail; position ± 99.999 (WGS-84)

Longitude || LG || M || Position detail; position ±999.999 (WGS-84)

Speed || SP || M || Position detail; Vessel speed in tenths of knots

Course || CO || M || Position detail; Vessel course 360 ° scale

Date || DA || M || Position detail; UTC date of position (YYYYMMDD)

Time || TI || M || Position detail; UTC time of position (HHMM)

End of Record || ER || M || System detail; indicates end of the record

Table 2. ″POSITION″ message/report

Data Element: || Field Code: || Mandatory /Optional || Remarks:

Start Record || SR || M || System detail; indicates start of record

Address || AD || M || Message detail; destination Party Alfa-3 ISO country code

From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code

Record Number || RN || O || Message detail; serial number of the record in the relevant year

Record Date || RD || O || Message detail; date of transmission

Record Time || RT || O || Message detail; time of transmission

Type of Message || TM || M || Message detail; message type, “POS”[5]

Vessel Name || NA || O || Name of the vessel

External Registration Number || XR || O || Vessel detail; the side number of the vessel

Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel

Master name || MA || M || Name of the master of the vessel

Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

|| || ||

Latitude || LT || M || Position detail; position ± 99.999 (WGS-84)

Longitude || LG || M || Position detail; position ±999.999 (WGS-84)

Activity || AC || O [6] || Position detail; “ANC” indicating reduced reporting mode

Speed || SP || M || Position detail; Vessel speed in tenths of knots

Course || CO || M || Position detail; Vessel course 360 ° scale

Date || DA || M || Position detail; UTC date of position (YYYYMMDD)

Time || TI || M || Position detail; UTC time of position (HHMM)

End of Record || ER || M || System detail; indicates end of the record

1                      Type of message shall be “MAN” for reports communicated by vessels
with a defective satellite tracking device.

2               Applicable only if the vessel is transmitting POS
messages at a reduced frequency.

Table 3. ″EXIT″ message

Data Element: || Field Code: || Mandatory / Optional || Remarks:

Start Record || SR || M || System detail; indicates start of record

Address || AD || M || Message detail; destination Party Alfa-3 ISO country code

From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code

Record Number || RN || O || Message detail; serial number of the record in the relevant year

Record Date || RD || O || Message detail; date of transmission

Record Time || RT || O || Message detail; time of transmission

Type of Message || TM || M || Message detail; message type, “EXI”

Vessel Name || NA || O || Name of the vessel

External Registration Number || XR || O || Vessel detail; the side number of the vessel

Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel

Master name || MA || M || Name of the master of the vessel

Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

Date || DA || M || Position detail; UTC date of position (YYYYMMDD)

Time || TI || M || Position detail; UTC time of position (HHMM)

End of Record || ER || M || System detail; indicates end of the record

4) Format
details

Each message in a data transmission is
structured as follows:

–
double slash (//) and
the character “SR” indicates the start of a message,

–
a double slash (//) and
field code indicates the start of a data element,

–
a single slash (/)
separates the field code and the data,

–
pairs of data are
separated by space

–
the character ER and a
double slash (//) indicate the end of the record.

–
Character set. ISO
8859.1

APPENDIX
VI

List
of Designated Ports

Designated ports are:

- Tarawa

- Kiritimati

APPENDIX VII

Geographical Coordinates of
Kiribati Fishing Zone

1.           Kiribati authorities will
communicate the geographical coordinates of the Kiribati EEZ (chart 83005-FLC)
to the EU by the 30th day following the day on which the Protocol
comes into effect.

APPENDIX VIII

Details of Kiribati FMC

Name of FMC: Fisheries Licensing and
Enforcement Unit

VMS Tel.: 00686 21099

VMS E-mail: fleu@mfmrd.gov.ki

[1]               Adopted by the 3155th meeting of the Council (Agriculture
and Fisheries), on Tuesday 20 March 2012, as the "A" items
listed in 7707/12.

[2]               OJ L 205, 7.8.2007, p.1

[3]               The European Community became the European Union on 1
December 2009.

[4]               Fishing authorisation means fishing licence under
this Protocol and its Annex.

[5]               Type of message shall be “MAN” for reports
communicated by vessels with a defective satellite tracking device.

[6]               Applicable only if the vessel is transmitting POS
messages at a reduced frequency.